Synchronized gaming and programming

ABSTRACT

To encourage viewer participation, games, contests and social interactions are able to be synchronized with programming such as television shows or commercials utilizing a second screen such as a cell phone, iPad® or laptop computer. The programming is able to be television programming, Internet programming (e.g. a video displayed on a webpage or mobile device) or any other programming. The gaming is able to be any game such as a game of skill or chance, for example, played in connection with a football telecast.

RELATED APPLICATION(S)

This patent application is a Continuation-in-Part of U.S. patentapplication Ser. No. 15/586,198, filed May 3, 2017, titled “SYNCHRONIZEDGAMING AND PROGRAMMING,” which is a continuation-in-part of U.S. patentapplication Ser. No. 14/172,539, filed Feb. 4, 2014, titled“SYNCHRONIZED GAMING AND PROGRAMMING,” which is a divisional of U.S.patent application Ser. No. 13/484,129, filed May 30, 2012, titled“SYNCHRONIZED GAMING AND PROGRAMMING,” which is a continuation-in-partof U.S. patent application Ser. No. 13/403,845, filed Feb. 23, 2012,titled, “A METHODOLOGY FOR EQUALIZING SYSTEMIC LATENCIES IN TELEVISIONRECEPTION IN CONNECTION WITH GAMES OF SKILL PLAYED IN CONNECTION WITHLIVE TELEVISION PROGRAMMING” which is a continuation of co-pending ofU.S. patent application Ser. No. 11/786,992, filed Apr. 12, 2007,titled, “A METHODOLOGY FOR EQUALIZING SYSTEMIC LATENCIES IN TELEVISIONRECEPTION IN CONNECTION WITH GAMES OF SKILL PLAYED IN CONNECTION WITHLIVE TELEVISION PROGRAMMING,” which claims priority under 35 U.S.C.§119(e) of the co-owned U.S. Provisional Patent Application No.60/791,793, filed Apr. 12, 2006, and titled “A METHODOLOGY FOREQUALIZING SYSTEMIC LATENCIES IN TELEVISION RECEPTION IN CONNECTION WITHGAMES OF SKILL PLAYED IN CONNECTION WITH LIVE TELEVISION PROGRAMMING”which are also all hereby incorporated by reference in their entireties.

FIELD OF THE INVENTION

The present invention relates to the field of distributed gaming. Morespecifically, the present invention relates to the field of distributedgaming utilizing a mobile device.

BACKGROUND OF THE INVENTION

In the United States alone there are over 230 million registeredcellular phones. With the expiration of the U.S. Pat. No. 4,592,546 toFascenda and Lockton, companies are able to now use the cellular phoneand other mobile communication devices utilizing a multicast network tocontrol television viewers in games of skill based upon predicting, forexample, what the quarterback may call on the next play within afootball game. Both prime time and programs syndicated on amarket-by-market basis lend themselves to games of skill. In addition,games of skill with a common start time can be conducted simultaneouslyamong cellular phone owners, based on classic card, dice, trivia, andother games. In order to avoid the anti-gaming laws in the variousstates, the winners must be determined by the relative skill, experienceand practice of the player in each discrete game.

U.S. Pat. No. 5,813,913 (=913) to Berner and Lockton provides for acentral computing system which includes a means of grouping participantshaving similar skill levels together in simultaneous, but separate,levels of competition playing an identical game. The relativeperformances are communicated to only those participants competing atthe same skill level. The '913 patent also provides for a wirelessreceiving device to permanently store the specific skill level for eachparticipant for each type of common event such as those based ontelevised sports or game shows. The '913 patent provides for atelephonic link at the completion of the game to collect information andupdate the skill level of the participants of a particular game. When aperson achieves sufficient points or meets other objective criteria tograduate into another skill level, a method is provided foraccomplishing this in the central computer and then transmitting analert to the participant notifying them of their promotion. The '913patent describes awarding prizes and providing recognition for themembers of each discreet skill level in a common game. All users, nomatter what level they are on, receive the same number of questions andthus the possibility of earning the same number of points. Thus directcomparisons between users at different levels, although not encouragedare possible. Such comparisons between players of disparate skills canlead to user discouragement.

Games of skill and chance have an intrinsic excitement and entertainmentvalue. Any game is greatly enhanced by a participant's ability to knowhow their performance compares in relation to other participants and/orto historical performance for the game throughout the contest. As withany game of skill, competition among friends, or with strangers ofsimilar experience, or the ability at ones option, sometimes for anextra consideration, to compete in a separate team or individualcontest, offers the opportunity of increased enjoyment and prizes.

Games of skill that rely on participation by watching an event on atelevision have potential latency issues since television signalreception is not synchronized nationwide. For example, a participant inTexas using a satellite dish network may experience a 3 second delaycompared to an individual in California using a cable network. Livestreams via the Internet of events utilizing a TV set or other displayoffer an alternative method of viewing televised events. The signalcompression process creates systemic propagation delays that are oftensignificant. Also, there are delays between individuals attending a gamelive and those watching the game live on television. Furthermore, fortaped programs, both those shown to viewers in time zones or thosesyndicated on a market-by-market basis, there are potential delay issuesas experienced with the live broadcasts in addition to other possibledifferences in timing of the broadcasts. Therefore, to maintain userenjoyment and fairness for all participants, these delays must beneutralized.

SUMMARY OF THE INVENTION

To encourage viewer participation, games, contests and socialinteractions are able to be synchronized with programming such astelevision shows or commercials utilizing a second screen such as a cellphone, iPad® or laptop computer. The programming is able to betelevision programming, Internet programming (e.g. a video displayed ona webpage or mobile device) or any other programming. The gaming is ableto be any game such as a game of skill or chance, for example, bettingon the outcome of a soccer penalty kick, where legal.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 illustrates a flowchart of a process of preventing latency issuesfrom giving an advantage to some participants.

FIG. 2 illustrates a flowchart of a process of preventing participantsat a live event from having an unfair advantage over participantswatching on television.

FIG. 3 illustrates a flowchart of a process of handling latency issuesfor taped programs.

FIG. 4 illustrates a graphical representation of an embodiment of thepresent invention.

FIG. 5 illustrates a graphical representation of a network of devices ofthe present invention.

FIG. 6 illustrates a flowchart of a method of implementing a gamesynchronized with programming according to some embodiments.

FIG. 7 illustrates a system for implementing a game synchronized withprogramming according to some embodiments.

FIG. 8 illustrates a system for implementing a game synchronized withprogramming according to some embodiments.

FIG. 9 illustrates a system for implementing a game synchronized withprogramming according to some embodiments.

FIG. 10 illustrates a flowchart of a method of utilizing statisticalinformation with a game of skill or chance according to someembodiments.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT

U.S. Provisional Patent Application No. 60/692,356, filed Jun. 20, 2005,and entitled “SYSTEMS AND METHODOLOGIES ENABLING A CELL PHONE BASEDSUBSCRIPTION SERVICE OFFERING A VARIETY OF SCHEDULED GAMES IN CONNECTIONWITH LIVE TELEVISION PROGRAMMING,” is incorporated by reference herein.

Three separate classes of latency issues for the length of time it takesa television signal to reach a viewer in producing real-timeentertainment such as games of skill synchronized with televisionprogramming are addressed. The latency issues are: 1) systemicpropagation delays in the delivery of a television signal to a receiver,2) arbitrarily imposed delays on a broadcast television signal and 3)variances in precise broadcast times of segments of taped televisionprograms between local and national commercials, sold throughsyndication to individual television stations.

Systemic Propagation Delays

There are specific challenges facing a service comprised of games orother entertainment played by remote participants utilizing cellularphones or the Internet, in connection with a live or taped telecast.Examples are live baseball, basketball and football games, taped gameshows such as Wheel of Fortune™ and Jeopardy™ or other televisionprogramming such as predicting the winners of the Oscars. In a game ofskill, for example, fair competition necessitates that a fast pacedgame, based on the unfolding television action has a level playing fieldfor all participants regardless of how they receive their televisionsignal. Propagation delays result from, among other things, the numberof satellite hops required to deliver the signal, the method ofprocessing and rebroadcasting the signal after it is received by cablesystems head ends or an over the air broadcast television station, andwhether or not the signal is further processed for high definitiontelevision. Furthermore, digital television recording systems (DVRs)such as TiVo™ are also able to generate delays in the viewing of thepicture after receipt via satellite or cable. These delays are able toresult in a difference between the first signal received and the lastreceived of more than several seconds.

People have an unsatisfactory experience and/or others are able to gaina potential competitive advantage from the variances in the exact timeone viewer sees an event on their television versus another competitorwho receives their television signal through a different delivery path.This is a challenge faced in Europe where over 65 million TV viewersparticipate in “In Game” wagering on televised sporting events. In theU.S., the 120 million television homes receive their signal eitherthrough an over the air broadcast, cable system or via satellitedelivery. Each delivery system can impose propagation delays of varioustime lengths. If the delay between the time a viewer with the leastamount of delay and the person receiving the signal with the greatestamount of delay exceeds several seconds, some inequalities in gameexperience and play are able to result.

One example is a game of skill based upon a football telecast, whereincompetitors predict the play that the coaches and/or quarterback callprior to the snap of the ball. The competitor's prediction is basedamong other things on their observation of the down, distance and theoffensive and defensive formations on the field and tendencies of theteams in these situations. Such a game utilizes a “lock out” signal, asdescribed in the U.S. Pat. No. 4,592,546 to Fascenda, entitled “Game ofSkill Playable by Remote Participants in Conjunction with a Live Event,”which is incorporated by reference herein, to prohibit the entry ofpredictions after the competitor sees the play begin to unfold, at thesnap of the ball. The time stamped “lock out” signal is generated by agame producer also viewing the same telecast from a different location.If the game producer is viewing a television signal several secondsbefore some competitors and generating a time stamp based on that event,an advantage is able to result if the difference in the time stamp andthe receipt of the “lock out” signal is more than several secondsearlier in relation to another competitor's television signal which isdelayed. During this period of time, for example, on a first or seconddown situation, a competitor receives the “lock out” just as thequarterback receives the snap and the corresponding television signal atthe same time as the game producer while another competitor with adelayed television signal, receives a “lock out” signal while thequarterback is approaching the line of scrimmage. In another example, ifthe game producer is viewing a signal after a viewer, a competitor mightsee the quarterback start to drop back into a “shot gun” formation,making the likelihood of a pass considerably higher. This latter playermight have time to change his prediction from, “run” to “pass” beforereceiving a “lock out” generated at the snap of the ball. A personconsistently receiving a “lock out” later than another competitor might,through the course of the game, gain some competitive advantage.

While it is not clear that sufficient enough competitive advantage isgained between a competitor receiving his “lock out” signal precisely atthe snap of the ball and one who is locked out a few seconds prior tothe snap of the ball, this discrepancy could present the appearance of aplaying field that is not level, and one of the primary benefits of thesystem addressed herein is to ensure the competitors feel they are onequal footing.

The above described issue is solved through a system and method toeffectively equalize systemic propagation delay variances to a requiredlevel dictated by the demands and rules of a particular game, so that amaterial competitive advantage is not obtained and the user experienceis optimized for all players.

The solution first relies on the determination of how each viewer isreceiving their television signal (e.g. via an over the air broadcast ina metropolitan area, via a particular cable system, a particularsatellite system, or through an Internet delivered live stream). Allsubscribers to a particular service provider or who are receiving anover the air broadcast in a specific metropolitan area will receive thesignal at their location at the same time. It is also able to bedetermined if there is further processing of the signal within thehomes, office, bar and others, which could further increase the totallength of the propagation delay. Examples would be the use of a DVR,such as TiVo™. A variety of methodologies are able to be utilized todetermine the time difference between the reception of the televisionpicture being utilized by the central game production facility where“lock out” signals are generated and each separate group of viewersaround the country or around the world.

For this system, the total viewing population for a telecast is dividedinto segments or blocks of viewers referred to as “cohorts.” Forexample, the 2 million inhabitants of the San Francisco Bay Area wouldbe divided into approximately 1 over the air broadcast, 3 satelliteindependent providers and several cable “head ends” or central broadcastpoints serving a “cohort.” This information would be gathered at acentral game server, and all players registered to play in a particularcontest would be assigned to a specific cohort of viewers.

The following are some methodologies for determining the delaysexperienced by various cohorts who are able to be used in combination orseparately.

In one methodology, upon joining the service and prior to initial gameplay, subscribers and competitors are required to identify the method bywhich they receive their television signal and identify the cable orsatellite service provider and answer questions relative to whether ornot they subscribe to an analog or digital high definition service orutilize a DVR. This information is able to be verified by sendingquestions to their cellular phones concerning commercials, stationbreaks and the precise time they are viewed or utilizing otherinformation only seen by members of that cohort.

In another methodology, a routine is established upon entry into thegame where the individual viewer is asked to mark the precise time apredetermined audio or visual event in the television program occurs,such as the initial kickoff, which would establish the deviation oftheir receipt of their television picture from the television signalutilized by the game producers. While some viewers might attempt tocheat by delaying their input, the earliest entries from the cohorts inthis group would be averaged to establish the accurate delta between thereceipt of the telecast by the production crew and those in eachdiscrete sub group of viewers.

In another methodology, the GPS function in the cellular phone is usedto determine the physical location of a viewer which is matched to adatabase of cable lead ends or over the air broadcast stations availableto a consumer in that precise location.

In another methodology, employees of the game producer who are membersof the subgroups which constitute the competitors/viewers, e.g. asubscriber to Comcast Cable in San Francisco, are utilized by the gameservice provider. These individuals would provide the currentpropagation delay information sent to the game server utilizing theiridentification of a recognizable event they observe on their televisionset, such as the initial snap of the ball.

In another methodology, an event is streamed via an Internet connection,where a game control system measures the compression caused delay insignal delivery for separate sources and appropriately adjusts the gamecontrol data to individually synchronize with the separate sources ofthe televised event.

In another methodology, audio or video artifacts or information done incooperation with the television signal provider are inserted which mustbe immediately responded to by the competitor to verify the source oftheir television signal or monitored at cooperative viewers' televisionsets.

In another methodology, the various delays through an automated systemlinked to the game server, which continuously samples the audio or videotrack of the underlying satellite, cable or over the air broadcasttelevision signals are established around the country to provide theinformation of the precise arrival of the underlying television picture.

Utilizing software resident in the game control server, game controldata for each set of viewers/competitors of the game in progress who arereceiving their television picture through the same source are batchedtogether by the game control server, and the appropriate delay is eithertime stamped on the game “lock out” signals, or is imposed on the entiredata stream so that competitors receiving their television informationslightly behind or ahead of others gain no material competitiveadvantage. Another method is for the game control server to send all thegame control data to all of the viewers/competitors of the game at thesame time, and the client software is able to delay the presentation ofthe game data based on the viewers' cohort.

Utilizing these methodologies to measure the delays in each cohort, eachcohort of viewers would have artificial time delays on the game controlinformation imposed by the game control server, which wouldsubstantially equalize the receipt of “lock out” data relative to theevent triggering the “lock out,” based on the underlying televisionprogramming, for example, the snap of the football. Players receivingthe television signals in advance of the one with the slowest receipt ofthe television signal would receive “lock out” signals slightly delayedor time stamped with a slightly later time as described in U.S. Pat. No.4,592,546. By providing a correspondingly delayed lock out to a viewerreceiving their signal later, a potential advantage is mitigated.

Alternatively, this time equalization from cohort to cohort could, forexample, involve artificially delaying the transmission of the gamecontrol data stream sent to all competitors cell phones or other mobiledevices by the appropriate amount of seconds, to sufficiently minimizethe advantage a player with a few more seconds of television basedinformation would have. For example, by time stamping the “lock out”signal at an earlier event, such as when the team breaks from thehuddle, the chance of some cohorts seeing the actual beginning of theplay is eliminated and the discrepancy in propagation delay provideslittle or no advantage.

FIG. 1 illustrates a flowchart of a process of preventing latency issuesfrom giving an advantage to some participants. In the step 100, it isdetermined how each viewer receives a television signal, wherepossibilities include an over the air broadcast, a particular cablesystem or a particular satellite system. In the step 102, it isdetermined if there is additional processing of the television signalwhen after the signal enters a viewer/participant's house, office, baror other location from an item such as a DVR. In the step 104, theviewers/participants are grouped into groups also referred to ascohorts. In the step 106, a delay amount is determined for each group.The delay amount is able to be determined by the one or more methods asdescribed above. In the step 108, the viewers/participants areequalized. The methods of equalization vary, but some examples includetime stamping on the game “lock out” signals, imposing a time stamp onthe entire data stream so that competitors receiving their televisioninformation are slightly behind or ahead of others gain no materialcompetitive advantage. Another method is for the game control server tosend all the game control data to all of the viewers/participants of thegame at the same time, and the client software is able to delay thepresentation of the game data based on the viewers' group.

Arbitrarily Imposed Delays on the Broadcast of the Signal and thePhysically Present Competitor

As a result of the Janet Jackson half time show episode at the 2004Super Bowl, some networks have announced their intentions to impose upto a 7 second delay on telecasts of live sporting events. More recentlyan obscenity uttered by a competitor at the conclusion of a live NASCARrace has resulted in another network announcing it may impose a 5-7second delay on future broadcasts of NASCAR races. These arbitrarilyimposed delays are a significantly longer duration than those resultingfrom the above described propagation delays of the broadcast televisionor cellular network control information.

A distinct advantage is able to arise for a game player who isphysically present at an event being televised which is the basis of acontest of skill in the home, or other location, separate from the livegame venue. This is because in certain instances they will receive “lockout” signals generated for competitors among the television viewingaudience, particularly if the game producer is not physically present atthe venue, but producing by viewing a telecast. This discrepancy wouldpermit prediction entry as much as 7 seconds later than those watchingan artificially delayed television picture. This magnitude of delay canresult in a significant competitive advantage for the game player who isphysically present. For example, a soccer or hockey contest of skillmight contain an element where a competitor is given a limited number ofopportunities to predict if there will be a “shot on goal” within thenext 5 seconds. The 5 second advantage to the competitor physicallypresent would be significant, because the receipt of a lockout signalgenerated for the huge television audience could occur after a shot hadoccurred.

In a contest based on a football game, a competitor present at thestadium would receive their “lock out” signals after the play wasunderway and could often determine whether the play was a pass or a runprior to receipt of the lockout signal. It is also likely that otherlive televised events such as The Oscars, Grammy's, beauty contests andother television programming that can support games of skill wouldimpose delays on the telecast for the same or different reasons, alsoproviding the opportunity for a competitive advantage for those who areattending the event in person.

The cellular telephone system currently has methodologies to determine auser's physical location. The 911 emergency laws mandate the cellularsystems to have the capability of determining the location of a 911emergency caller within 150 feet. More sophisticated approaches combinecellular site location technology with geosynchronous positioningsatellite capabilities. Companies like Qualcomm™ have implementedvarious location technologies such as Snaptrack, SnapSmart and Snapcore,which provide a cellular phone's physical location within a matter ofyards.

For each televised live event, the physical venue for this event wouldbe known by the organizer of a game of skill in advance. Therefore, itis possible to determine for each contest of skill the specific cellularsites which will serve cellular phone owners physically present at thatvenue. A methodology is employed to identify all of the cellular phoneslogging into the game server registering to play the game of skill whichare co-located within cellular sites servicing the stadium or auditoriumwhere the televised live event is taking place. A communicationmethodology between the cellular carrier and the game control computersoftware contained in the game application resident on a gamecompetitor's phone is able to be used, which would identify the cellularphone physically in the stadium.

Before the start of the contest of skill, the system informs the centralcomputer of the game selected to be played by each competitor, forexample, the San Francisco 49ers versus the New York Giants. The centralgame control server's software would hold current information on thephysical location of the stadium of each game, for example, CandlestickPark in South San Francisco, and the cellular sites covering thislocation. The software resident on the cellular phone or on the serverthen identifies the phone as one located physically at the telecastgame's venue.

To ensure that potential competitors at the live venue are able to alsocompete in a contest of skill, the central game server will separate thescoring data and game control data for competitors using these cellularphones in this specific location from the general pool of competitorswho are not so located, but watching the game via television. A separatecontest is then generated and scored for those competitors who have theadvantage of viewing the event live, and a separate prize pool isawarded. This separate game would be produced though the observation ofthe actual game physically at the venue or through the operation of anon-delayed satellite feed.

If it is ultimately determined that certain groups of televisionviewers, as opposed to live event attendees, who are competitors inthese games of skill are gaining sufficient enough competitiveadvantage, segregating those players at the extreme ends of thepropagation delays, into two or more separate contests with separatesets of prizes, may also be employed as described above. For example,separate contests for satellite viewers versus cable and over the airviewers are able to be generated.

FIG. 2 illustrates a flowchart of a process of preventing participantsat a live event from having an unfair advantage over participantswatching on television. In the step 200, a cellular site that servescellular phones at a venue site is determined for each contest of skill.For example, if a game of skill is played for a game between the SanFrancisco 49ers and the Oakland Raiders at Candlestick Park in South SanFrancisco, a specific cellular site serves the cellular phones in thatlocation. In the step 202, the cellular phones that are utilizing thecellular site of the venue site and are participating in the game ofskill for that event are determined. For example, if there are 1,000cellular phone users in Candlestick Park who register to play in a gameof skill involving the 49ers and the Raiders, they are detected by thesystem. In the step 204, it is determined if the cellular phone islocated within the venue site. The determination is made by comparingthe current cellular information with information stored on a serverindicating the location of each venue such as Candlestick Park. Based onthe determination in the step 204, separate groups are generated in thestep 206. A group is generated for users that are located at the livevenue, and a group is generated for those players that are watching liveon television. Therefore, the live players who do not experience anydelay compete against each other, and television viewers compete withothers television viewers who have a delay.

In addition to implementing the above-mentioned solutions to latencyissues, additional groups are able to be generated if the delays betweensignal providers are not resolved. For example, all viewers withsatellite television signals compete against each other, and all cabletelevision viewers compete against each other, with no crosscompetition.

Taped and Syndicated Television Programs

A separate but related latency problem arises in the case of syndicatedtelevision shows, which are by necessity pre-taped. Examples are gameshows like Wheel of Fortune™ and Jeopardy™. These pre-recordedtelevision game shows are generally syndicated, meaning they are sold toa specific television station on an exclusive lease for the localtelevision market served by the station's signal. The televisionstations generally air these half hour episodes at various times in“prime time access,” which is generally considered between 6-8 pm.Therefore, with 3 different time zones in the United States, the starttimes will differ from market to market. In addition, the precise timeeach commercial bracketed television show segment that is broadcast isable to vary by a few seconds based on the time each station'sengineering personnel starts the show's segments after the insertion oflocal and national commercials. Thus, for a show like Jeopardy™, theremight be over 100 separate slightly different broadcasts from a timestandpoint for a single episode of Jeopardy™ on a given day. Inaddition, these syndicated telecasts can also experience the samepropagation delays as described above.

Contests of skill on cellular phones around these syndicated telecastsare produced with the cooperation of the game show producers, and gamedata files are produced which are precisely time-synchronized to thefinal video tape of the television game show. These files must beprecisely synchronized and a delay of just a few seconds could give anunfair competitive advantage to a viewer who is receiving their “lockout” signal later than another competitor in a fast paced game likeJeopardy™. The game data files must be synchronized with the televisionshow at the beginning of the program and again as the show returns tothe game competition from each commercial break.

This solution addresses the separate, but related problems ofsynchronizing game data files with the broadcast of prerecorded andsyndicated games, entertainment, reality or other television programmingthat is aired in different time zones at the choice of the purchasingtelevision station. As opposed to live sporting events, the gameproduction for this genre of programming is not done live throughreal-time observation of the unfolding telecast but is produced inadvance with the cooperation of the show producer as a time synchronizedfile utilizing the final edited for broadcast, television program.

In general, the game data files are divided into separate “segments”which comprise the entire television program and aired between theinsertion of national, regional and local advertising. As the televisionprogram returns from the opening commercials, the initial game orentertainment segment is launched by the game producer, synchronized tothe playing of the television tape, and the data files for this segmentwould end with the first commercial break. The other game “chapters” areresynchronized as each segment of the telecast resumes from commercialbreak. The local telecasts might have variations of anywhere from 1 to 5seconds, or more, resulting from the use of different commercials bydifferent stations, and the variances in the local production by theengineering management of the syndicated telecasts.

A system first determines all of the separate and unique televisionmarkets where the cellular phone service will be offered in connectionwith a syndicated, taped version of an underlying television program,for example, Jeopardy™. Network broadcasts usually air in three separatetime zones. This information is available from the shows syndicator, forexample, Jeopardy™, the syndicator King World™ or Sony™, the show'slicensor. This information is also publicly available through thevarious television guides. The game production servers hold thepre-produced game data files to be broadcast to the cellular phones ofthe participating subscribers, containing, for example, the correctanswers and possibly some intentionally wrong multiple choice answers inthe case of Jeopardy™ or other multiple choice based game shows. Theserver begins the broadcast of its time synchronized files for eachdiscrete telecast of a single television program at a precise startpoint for each “segment” or chapter. With knowledge of the precisetiming of the discrete segments of the broadcast, for each separatesyndicated market, the server transmits the pre-recorded files in mostcases, at a slightly separate and different time to each viewer who isviewing the telecast in a particular market via a particular broadcast,satellite or cable signal.

The precise start times of the beginning episode of a game show and thestart times of the other segments, beginning as the show resumes after anational and local commercial are delivered to the server throughvarious methodologies.

One methodology requires the cooperation of an employee of the gameprovider based on visual observation of the telecast for that market, orbeing physically present at the event venue, utilizing a personalcomputer and the Internet, or by utilizing their local cellular phone,all coupled to the game server.

Another methodology includes utilizing an audio or video recognitionsystem with online access to the broadcast of the underlying televisionprogram for each separate market which provides real-time tracking ofthe television broadcast to the game control server, ensuring the gamedata file is able to be precisely synchronized to the televisionpicture. Information is also able to be inserted in a Vertical BankingInterval (VBI) of the taped syndicated show and tracked online in realtime by the game control server. For remote telecasts and onlineconnection from a remote device, reading data embedded in the VBI via ahigh speed connection to the central game server is utilized. Utilizingsome of the procedures outlined above, the propagation delays in thereceipt of the cellular transmissions are also monitored and the gameserver adjusts the data files containing the “lock outs” to accommodatethe systemic delay in the delivery of the game data on the cellularnetworks.

Another methodology, with the cooperation of the producers of gameshows, precise audio or video events in the telecast could either beadded to the video, such as a visible count down, or existing events inthe telecast identified by the producers as synchronization points whichthe competitors could utilize as start points for the previouslydownloaded data files at the press of an appropriate button on theircellular phone. This would trigger the launch of a program previouslydownloaded to the phone's RAM. Then, time synchronization would belaunched.

One more methodology uses an audio signal, possibly sub-audible tohumans, which is inserted into the taped audio track recognizable by theaudio receiver in a cellular phone which would be utilized to startand/or continually keep the pre-produced data files resident on thecellular phone in synchronization with the telecast.

FIG. 3 illustrates a flowchart of a process of handling latency issuesfor taped programs. In the step 300, pre-produced game data files arestored in servers; preferably, game production servers. The game datafiles include information required to participate in a game such asquestions and answers for a trivia game like Jeopardy™. In the step 302,start times are determined for each discrete telecast of a show. Thestart times are determined as described above, such as with thecooperation of a game provider employee, utilizing an audio/videorecognition system, using a visible count down or a recognizable signalwhich is able to be recognized by a cellular phone. Other ways ofdetermining start times are possible as well. In the step 304, the gamedata files are transmitted at appropriate times based on the start timesfor each separate market. Furthermore, if additional delays arerecognized, such as those delays described above, that is able to beaccounted for.

FIG. 4 illustrates a graphical representation of an embodiment of thepresent invention. A server 400 contains applications 402 and a storagemechanism 404. The applications 402 include an application to generateand modify game control data. The game control data is eventuallytransferred to users' cellular phones. If necessary the game controldata is synchronized and time-stamped for each group, so that, asdescribed previously, there are no unfair advantages for thecompetitors. A location application stored on the server 400 is able todetermine which cellular phones are logged into the server 400 and whattheir location is. A grouping application is able to separateinformation such as scoring data and game control data into differentgroups. The grouping application also separates the cellular phones intogroups or cohorts as described above. The storage mechanism 404 isutilized for storing the applications 402 in addition to selections andresults. The storage mechanism 404 preferably includes a database fororganizing the data including the selections, results, standings andgroups amongst other data needed for executing the competitions. Theserver 400 is part of a network 406. A device 408 couples to the server400 through the network 406. In some embodiments the network 406includes the Internet. In some embodiments, the network 406 includes acellular network. Also, in some embodiments, the network 406 includesboth the Internet and a cellular network. The device 408 is preferably acellular phone. In other embodiments a PDA, a computer, a laptop or anyother device capable of communicating with the server 400 is possible.The device 408 stores a variety of applications 410. A game applicationis stored on the device 408. In some embodiments, software to identifythe physical location of the device 408 is stored on the device 408. Thedevice 408 also receives the game control data which ensures nocompetitors have an unfair advantage using the methodologies describedabove. Furthermore, the device 408 receives game data which is used toplay the games. An example of game data includes Jeopardy™ multiplechoice answers. Additional applications are able to be included on theserver 400 and on the device 408, as necessary, for smooth operation ofthe games. Although some of the applications are described separatelyabove, in some embodiments, the applications are included in one largeapplication.

FIG. 5 illustrates a graphical representation of a network of devices ofthe present invention. A server 400 is coupled to many devices through anetwork 406. The devices are grouped into groups or cohorts as describedabove. For example, Group 1 of devices 500 includes a set of devicesthat receive a television signal through cable with a delay time of x.Group 2 of devices 502 includes a set of devices that receive atelevision signal through satellite with a delay time of y. Group 3 ofdevices 504 includes a set of devices that receive a television signalover the air with a delay time of z. Then, based on the delay times ofeach group, steps need to be taken to ensure these delays do not affectthe ability of users to play a game of skill which corresponds to a liveevent shown on television. As described above, a lockout signal is sentat the appropriate time depending on the delay, or a lockout signal issent, but included with the lockout signal is information for thelockout not to be implemented until the delay is accounted for. Thisensures that users with different delays based on their televisionsignal reception path do not receive advantages or disadvantages.Furthermore, in addition to the delays being related to the type ofsignal reception path such as cable versus satellite, the delays couldalso be related to other aspects of the signal reception path such asthe location of the receiving television or the type of equipment thatone television company uses versus another.

Game Production

In the production process, game data is time synchronized precisely witha video stream, utilizing the game production tool.

When playing, the user selects answers (e.g., 1, 2, 3, or 4 or bypressing on the touchscreen) on his cellular phone to answer thequestion before a time stamped “lockout” signal contained in the gamedata is received/triggered, precluding further input. The competitor'sscore is incremented or decremented by software in the game data,depending on whether the competitor is right or wrong with theirselection.

The video content and the separately produced overlying game data arethen either combined for streaming or broadcast (e.g., into a singledata file, maintained as two data files), or an alternate methodology isutilized to ensure that the content is broadcast simultaneously on asingle TCP, UDP, 3G, multicast, broadcast or other transmission,utilizing current data compression capabilities. Any appropriatetransmission methodology is utilized, including WiFi. The game datacontains graphic information separate from the video of the game, suchas the selection options, for example “run,” “pass,” for a game based ona football broadcast. Separate digital sound tracks, one from thetelevision programming (including streamed video, for example,television programming streamed over the Internet to a computingdevice), and one related to the game programming are also able to becombined for a single transmission. In other words, data is able to beeither A) downloaded in advance or B) streamed or C) broadcast. Thedifferent types of data: 1) video and audio, 2) graphic game play data,3) audio enhancements, 4) other types of data, are able to be eithercombined with each other or sent separately. Therefore, users are ableto play simultaneously wherein the video, audio and game play data arereceived by streaming, broadcasting or downloaded using a simultaneousstart time. Users are also able to play on demand wherein the video,audio and game play data are received when requested by streaming,broadcasting or downloaded. Users are also able to practice with ondemand games where they are not competing against other players.Regardless of how these discreet pieces of information are delivered tothe phone, software resident on the phone ensures that the game playdata and audio are synchronized with the video archive.

Game Play

Under this methodology, a user on an ad hoc basis, or as a subscriber toa service or charging the required fee to their cellular telephone bill,indicates their desire to participate in a contest based upon the oldtelevision program. The contests have a specific start time, displayedon the cellular phone, such as, for example, “1980 Super Bowl game, 3:15pm,” or in an alternative embodiment, the menu on the cellular phonedescribes a game played at any time by the cellular phone owner byselecting it from a menu on the cellular phone. Upon selecting this gamefrom the menu, the underlying video and data files are streamed ordownloaded to the cellular phone, and the video of the underlyingtelecast sporting event, game show, or other entertainment program, isdisplayed on the cellular phone utilizing software permanently ortemporarily resident on a cellular phone client designed to display fullmotion video. A record of what games have been played for an individualsubscriber is maintained on the service's server to ensure a subscriberalways receives a game they have not played before.

Game Display

The data files which manage the game play, received simultaneously, alsoutilize software resident on the client for managing the display on thephone's LCD. This game software is able to be a separate “gaming client”or an “all in one” application which addresses the video and gameelements, for example for a game based on a streamed broadcast receivedby the game playing client. The game data graphics are also able to bepresented to the player by overlaying the text and symbols over thevideo content (e.g., television information), or in the alternative,utilize a separate portion of the cellular phone's display for thisinformation, at the option of the producers. An example of this latterapproach is the crawling information displayed at the bottom of atelevision screen containing stock ticker information or the way closedcaptioning information is displayed on television screens. In thealternative, a picture in picture (PIP) approach is also able to be usedto separately display game play information from the underlying video(e.g., streaming video, television footage). In another alternative, thegame play information is simply superimposed on top of the video.

Under this invention, the subscriber would play along with the 5- to15-minute television segment of the game until its conclusion, and wouldbe informed at the end, based upon software resident in the phone, whattheir total points earned are. In some embodiments, the segments arelonger or shorter. By transmitting this game performance information toa central server for compilation, the competition would receiveinformation on how their score relates to the scores achieved by otherplayers of the game. Under an “on demand” game play format, users areable to selectively play against friends, and prizes would generally notbe awarded, since the person could play the game as many times as theydesire, or obtain the answers from someone who had played.

Games Based on Simultaneous Broadcast Other than a Live Event

In an alternative embodiment, the combined video and game data filesproduced by the same methodology described above is able to besimultaneously broadcast to all participants at a specific time, such asevery 15-minutes, to all of the players who have registered theirintention to play a specific game. In this format, these files would beindividually streamed, or in the alternative, digitally broadcast,precisely at the same time to all participants. Another approach is todownload the data through streaming, broadcast or other downloadingtechnique in advance. Under this approach, the application ensures thatthe video and game play started at the appropriate time. This is able tobe done by signaling a “start” signal to all players.

While game play unfolds in a manner similar to that described in U.S.Pat. No. 4,592,546, a significant difference in this invention and theprior art, is that, in some embodiments, all of the information utilizedfor the game is pre-produced and combined in a single data file, andreceived simultaneously by all participating cellular phones broadcastor streamed, to be separated and displayed for simultaneous viewing on acellular phone by the methods described above. In some embodiments,while the games unfold to the participant in virtually the same manneras a game based upon a live telecast of a sporting event or game show,the cellular phone is not utilized as a receiving device for a secondmass media communications synchronized with the underlying telecast, butrather is receiving the single data file or stream which contains boththe video of the telecast and the game data information. The video andgame data is then separated by application software resident on thecellular phone for simultaneous display on a single color LCD display.

Since all players receive the same game data at the same time, cheatingamong players, possible with on demand games, is not possible, andprizes can be awarded.

Benefits

While there is a large potential demand for games of skill for prizesbased upon the live telecast/streaming of sporting events and syndicatedgame shows, participation in these games is generally limited to primetime or near prime time viewing on week days, and sporting events on theweekends. The explosion in the popularity of cellular games of shortduration indicates that the owners of cellular telephones often find5-10 minutes during the day to participate in stimulating entertainmentwork breaks, while commuting to and from work, sometimes even when theyare working, amongst other times. The methodologies described hereinprovide a new and unique form of entertainment. While based on populartelevision programming, the games are able to be enjoyed either ondemand or several times an hour with scheduled start times, since theyare generated from any content such as television content (live orarchived). The games are ever changing and are based on programming witha proven huge fan audience. This invention provides the highest qualityproduction value at a fraction of the cost of existing video, computerand cellular games. Other games require the skills of graphic artistsand designers, and extensive programming to create full motion 3Dgraphics in attempt to make games like EA Sports® John Madden Football,or Sony's Jeopardy!® games as close to the actual telecast as possible.This invention repurposes the actual television content with theproduction values and excitement of the original broadcasts of theseevents at a fraction of the cost.

In some embodiments, the game data is able to be adjusted such that itis synchronized with a video stream. For example, in cooperation with anoriginator of a video stream (e.g., NFL), the game data is integratedwith a streaming game application, which is a separate application fromone for broadcast television. Furthering the example, two applicationsare available to provide similar but different competitions; a firstapplication for use with a video stream and a second application for usewith a television broadcast. The applications are similar in that theypresent questions and/or selections based on a video, but since thestreaming video and the television broadcast may have differentlatencies, the applications operate slightly differently. In someembodiments, a single application is able to determine how the videocontent is being received (e.g., streaming versus broadcast), and theapplication is able to handle the latency differences. In someembodiments, an application determines when a stream is received (e.g.,using automatic content recognition, watermarks, fingerprints, or anyother analysis), and the application estimates and adjusts for anapproximate delay for people in different locations. For example,servers or client devices in different parts of the world determine anamount of delay as described herein, and based on that amount of delayeither delay presentation of a question/selection or perform othergameplay effects to ensure none of the participants of the game have anunfair advantage over other competitors based on the delay. Furtheringthe example, if users in San Francisco receive a stream 3 seconds afterusers in New York, then the presentation of a question for the users inNew York is delayed 3 seconds, so that they all receive the question atthe same time.

To utilize the methods and systems described herein, for the most part,a participant in a game of skill playing on his/her mobile device doesnot have to perform any different actions when playing a standard gameof skill without the methods and systems described herein. The usersimply plays as usual except that with the methods and systems describedherein, users with faster or slower connections do not receive anyadvantages or disadvantages. In embodiments which require user input,the user performs an action, such as recognizing an event to synchronizethe game with a live or taped event. For game producers, the methods andsystems described herein able to be implemented automatically orperformed manually. Automation includes technology to automaticallydetermine the start of an event such as automatically detecting thestart of a football game. Manual implementation requires a person towatch an event and respond to that event such as watching a footballgame and noting when the first play occurs in order to synchronize the“lock out” signal appropriately.

In operation, the methods and systems described herein are able tosynchronize separate games of skill which have different latencies basedon television signal reception differences, random delays and/or otherdelays. For live events where all of the participants are watching theevent on television and participating in a game of skill correspondingto that live event, delays related to the television signal receptiondifferences have to be handled. Television signal reception differencesoccur because some televisions receive the live event signal viasatellite, while others have cable and still others have something else.The signals do not arrive at the participants at the same time.Therefore, to ensure fair competition, participants are separated intogroups or cohorts based on delivery system type, location and otherparameters that affect the timing of the signal. Then, using a mechanismdescribed above, the delay for each group is determined. Based on thatdetermined delay, the game of skill is able to be configured with theappropriate timing for a lock out signal, so that each participant hasthe same amount of time to select an answer and also sees the sameamount of the live event as others before the lock out occurs.

For games of skill where there are both participants attending the eventlive and watching it on television which typically has a few secondsdelay, the participants are separated into different competitive groupswherein the attending participants are in one group and the televisionviewing participants are in another group.

For games of skill using tape recorded events like game shows, theimportant aspect is ensuring the game of skill corresponds with thetelevised recorded event. For example, if the game of skill were off bya few seconds, participants could receive multiple choice answers to thewrong questions. Therefore, the methods and systems described hereinensure that the game of skill is synchronized with the taped televisedevent even when there are different latencies depending on how and wherethe television signal is being displayed.

Furthermore, although the methods of handling latency have beendescribed above as handling a specific scenario such as delays intelevision signal reception, the methods are able to be used inconjunction with each other as well. For example, when participants areseparated into attending and televised groups because some participantsare actually attending an event while others watch it on television, forthose watching it on television there will still be issues from locationto location and based on the television signal reception, so the latencybalancer which handles that aspect of latency is also able to beimplemented.

To encourage viewer participation, games, contests and socialinteractions are able to be synchronized with programming such astelevision shows or commercials utilizing a second screen such as a cellphone, iPad® or laptop computer. The programming is able to betelevision programming, Internet programming (e.g. a video displayed ona webpage or mobile device) or any other programming. The gaming is ableto be any game such as a game of skill or chance, for example, ascavenger hunt or a treasure hunt.

In some embodiments, the programming and the gaming, contests or socialinteractions are displayed on a single screen. For example, Google TV™,Apple TV® or another IPTV includes a broadband connection which iscapable of connecting to a website which is a companion site to theprogramming. The display on the television is able to include aPicture-in-Picture (PIP), display space near or around the telecast'spicture (e.g., an L-shaped space), graphic overlay, or a split screen.In another example, a two-screen experience includes a wi-fi connection,an open wireless technology (e.g., Bluetooth®) or any other connectionfrom the television to a tablet device such as an iPad®. In someembodiments, a computing device contained within the television couplesto a server via the Internet, where the server stores files, displays,graphics, gaming information and/or any other information to besynchronized with the programming, and the application is separatelydisplayed on the same screen for user interaction with the game orcontest utilizing a controller for the television.

In a scavenger hunt game, a contest might be based on a membercollecting items in a scavenger hunt fashion which appear in TV programsor commercials. The first person or teams to collect all of the items orcollecting the most points wins.

In a treasure hunt game, clues to items to collect are given which makesense only upon the viewing of a commercial or program. A viewer entersan item (e.g. from multiple choice options), and the first to accumulateall of the items wins. Hereinafter, all references to a viewer areunderstood to include a single viewer or a team or teams of viewers. Theteams are able to be formed through social networks or on an ad hocbasis. Exemplary formations of teams are able to be found in U.S. Pat.No. 8,002,618 which is hereby incorporated by reference in its entirety.For example, teams are able to be formed and then play any game orcontest such as a scavenger hunt, treasure hunt or bingo. The players oneach team are able to work jointly or separately to collect items andperform other game play actions.

For example, a treasure hunt game based on the entertainment content orTV commercials provides the first item to search for: “Old English SheepDog with red collar.” The application in the game mode records an inputsuch as a press of a screen or button by a viewer the instant theyobserve the dog appear on the TV screen in connection with aparticipating show or commercial. Executing the required input at thisprecise time would validate that indeed THE Old English Sheep Dog hadbeen collected. In another version, a score of 1000 points would rapidlybe decremented beginning when a treasure hunt object appeared in a TVshow or commercial. A rapid input would get 990 points, and someone whohad spent time to find their phone might get 450 points for a slowerresponse. The points are decremented incrementally, exponentially or inany other manner.

The viewer receives a prize upon the accumulation of a designated levelof points, or in a money contest such as a $1 Million national contest,the first viewer to achieve a designated point's level wins the grandprize.

In another example of a game, a bingo-like game is presented where,instead of letters and numbers being used for a player's board, eachplayer's board includes specific objects, characters, events or otheritems contained in a commercial, television series, show, event or otherprogramming. The items are each collected by pressing a button within aprescribed amount of time (e.g., 5 seconds) of appearance of the objecton the television. The first person to fill the card wins. Filling thecard is able to mean filling the card fully or any other bingo-relateddefinition of filling such as achieving a vertical, horizontal ordiagonal line. For example, a player's card includes 25 slots, arrangedin a 5×5, grid with items such as a Ford F-150, a Ford F-250, a FordFocus, a Ford Mustang, an engine, and twenty other items. When theplayer watches a Ford commercial, the player sees a Ford Focus. Theplayer then presses a button within the allotted time, and that slot inhis board is filled. Each player's board is monitored, and when it isdetermined that a player has achieved a filled board, the player isdeclared the winner. In some embodiments, the other players arenotified, and the game ends, and in some embodiments, additional winnersare able to be determined (e.g. second and third place).

The system implements precise synchronization of a second screen andprogramming. The synchronization is able to be implemented using anymethodology, such as utilizing the teachings of latencies. Exemplarymethodologies for synchronizing have been described herein and any othermethodologies of synchronizing are possible.

FIG. 6 illustrates a flowchart of a method of implementing a gamesynchronized with programming according to some embodiments. In the step600, an application detects programming with which to be synchronized.In the step 602, the application synchronizes with the programming toprovide application data such as gaming data. In the step 604, based onuser responses, the game is executed. For example, a scavenger huntgame, treasure hunt or other game based on the observation of somethingcontained in a television broadcast game is executed. In someembodiments, in the step 606, scores are tallied, prizes are awardedand/or other results are obtained. In some embodiments, the order of thesteps is modified. In some embodiments, fewer or more steps areimplemented.

Detection and synchronization are able to be implemented in any manner.The efficacy of the games depend on each player having an opportunity toobtain the maximum number of points achievable by entering their inputas soon as possible after the specified item appears on the TV screen.The following provides examples of detection and synchronization.Existing events in the telecast are used as synchronization points orstart points for previously downloaded data files to a mobile client, aswell as a watermark, fingerprint not detectable by the viewer. Asynchronization point is a visible or audible event located within thetelecast. A synchronization point for a live telecast is contained inaudio or video within the telecast. Information is inserted in aVertical Blanking Interval (VBI) or digital equivalent of a show andtracked online in real-time. Information is embedded in the telecast andtracked online in real-time. Determining a start time of the telecastincludes using a recognizable signal recognizable by a mobile device. Astart time of a commercial is delivered using a recognizable signalrecognizable by a mobile device. A plurality of synchronization pointsare used by a client to continuously check to ensure pre-produced datafiles are synchronized with the telecast. Inserted audio or video isused to continuously check to ensure the pre-produced data files areprecisely synchronized on the client with the telecast. Inserted audioor video is used by a client to continuously check to ensure thepre-produced data files are precisely synchronized on the client withthe telecast. The inserted audio or video is used by a server tocontinuously check to ensure the pre-produced data files are preciselysynchronized on the client with the telecast.

In some embodiments, synchronizing includes determining an amount ofdelay to precisely synchronize between the game stored on a mobiledevice and the receipt of the program presented on a television andsubstantially equalizing presentation of the game of skill or chancewith programming or a commercial contained in a telecast throughadjustment for the amount of delay of the telecast. Substantiallyequalizing includes equalizing receipt of lock out events relative to atelevised event triggering a lock out. Synchronizing includessubstantially equalizing a participant delay to ensure the participantseach receive the game of skill or chance at substantially the same time.Synchronizing includes determining participant latency based on specificparticipant latencies and synchronizing the game of skill or chance foreach of the participants. Synchronizing includes determining thelatencies in receiving a streamed broadcast of an event andsynchronizing game data to all recipients of the one or more streamedbroadcasts of the event. Synchronizing includes utilizing an audio orvideo recognition system on a client with online access to thetelecast's game control server. Synchronizing includes using added audioor video events in the telecast as synchronization points. A pluralityof synchronization points within audio or video are used by software ona client in connection with a server to continuously monitor thetelecast to ensure the game of skill or chance played on the client isprecisely synchronized with the telecast. An artifact is inserted intothe telecast recognizable by an audio receiver in a mobile device whichis utilized to start and continually keep the game of skill or chancesynchronized with the telecast.

Participants include ad hoc or preexisting groups of friends competingin a separate competition in disparate physical locations. Thesynchronization points are the audio or video data for the telecastresiding on a server online with a mobile device. The participantsconstitute ad hoc or existing groups of geographically dispersed friendsparticipating in a separate game of chance or skill. The participantsare ad hoc or previously organized groups of friends competing againsteach other in a separate contest. Equalizing the participants includestime stamping the amount of delay on game-related data. Establishing theamount of delay is through an automated system which samples an audio orvideo track of a satellite, cable or over the air broadcast televisionsignal, linked to a game server, to provide information related to aprecise arrival of an underlying television picture.

FIG. 7 illustrates a system for implementing a game synchronized withprogramming according to some embodiments. The system includes severaldevices such as a viewing device 700, a secondary device 702, a serverdevice 704 and a network 706. For example, a user views programming onthe viewing device 700 (e.g. a television) and participates in ascavenger hunt game on the secondary device 702 (e.g. a smart phone).The game on the secondary device 702 is synchronized with theprogramming of the viewing device 700. In some embodiments, thesynchronization takes place using a program on the secondary device 702,and in some embodiments, the server device 704 is used forsynchronization. The network 706 is able to be any network such as theInternet, a cellular network or a combination of networks. Fewer oradditional devices are able to be included within the system.

To utilize the synchronized gaming and programming, a user initiates agame which automatically synchronizes with the programming. In someembodiments, the programming initiates the game. For example, a user iswatching television and a trigger in the television signal automaticallystarts the game. The user plays the game as any game would be played.For example, if the user is playing a scavenger hunt game, the usersearches/looks for items and indicates when the items are found. If theuser is playing a treasure hunt game, the user uses clues to locate anitem. Points and/or prizes are awarded based on the timing of the userinput/selections (e.g. a faster response receives more points than aslower response).

In operation, the synchronized gaming and programming is able tosynchronize programming with a game presented on a second device. Insome embodiments, the synchronized gaming and programming is also ableto synchronize participants, for example by equalizing the amount ofdelay or sending a lockout signal at the appropriate time based on theamount of delay.

Although a scavenger hunt and a treasure hunt have been describedherein, any other game is able to be played in conjunction withprogramming.

FIG. 8 illustrates a system for implementing a game synchronized withprogramming according to some embodiments. Content from a content source800 is received at a game production center such as at a server 802. Thecontent source 800 is able to be a venue (of a sporting event), a deviceat a venue or a broadcasting company device. The content is able to bereceived as streaming content or any other audio and/or video comingfrom the content source 800. For example, the content is able to bereceived via a television broadcast or an audio feed from a cellularphone present at a venue. A delay in the reception of the content isable to be determined (e.g., measured) as described herein. The delayamount is used to synchronize game data with the content or adjust thegame data (e.g., adjust the time the game data is sent or triggered) atthe server 802. In some embodiments, only the time-adjusted game data issent from the server 802 to user devices 804 which display the game data(e.g., on web-connected televisions, laptops). In some embodiments, theuser devices 804 only display the game data (without displaying thecontent), and in some embodiments, the same user devices display thecontent as well (e.g., smart television displays the game data and thecontent using overlays, picture-in-picture or another implementation).For example, the user devices 804 which only receive the game datadisplay the game data, and content 806 (e.g., a football game telecast)is displayed on a television or another user device. Other devices areable to be implemented in the system as well. In other embodiments, theuser is physically observing a live event, while also receiving the gamedata.

FIG. 9 illustrates a system for implementing a game synchronized withprogramming according to some embodiments. Content from a content source900 is received at a game production center such as at a server 902. Thecontent source 900 is able to be a venue (of a sporting event), a deviceat a venue or a broadcasting company device. The content is able to bereceived as streaming content or any other audio and/or video comingfrom the content source 900. For example, the content is able to bereceived via a television broadcast or an audio feed from a cellularphone present at a venue. A delay in the reception of the content isable to be determined (e.g., measured) as described herein. The delayamount is used to synchronize game data with the content and combine thegame data with the content at the server 902. In some embodiments, thesynchronized, combined game data and content is sent from the server 902to user devices 904 which display the game data with the content (e.g.,on web-connected televisions, laptops). In some embodiments, the sameuser devices display the game data with the content (e.g., smarttelevision displays the game data and the content using overlays,picture-in-picture or another implementation). Other devices are able tobe implemented in the system as well.

As described herein, users/participants are able to be separated intogroups or cohorts based on a variety of factors such as how the usersreceive content (e.g., television broadcast via cable versus streamingcontent on a computer). In some embodiments, when a user or a group ofusers receives content and/or gameplay information too slowly, theuser(s) are notified and prevented from participating in a game. Forexample, if a user is receiving a football game and gameplay data over aDigital Subscriber Line (DSL), and the user device (e.g., smart phone)or a server determines that the football game content and/or gameplaydata is received with a delay that exceeds a threshold, then the serverand/or user device notifies the user that the user should find adifferent content path (e.g., please locate a streaming source which hasless delay). Determining that the content path is too slow or has toomuch delay is able to be performed in any manner such as comparing thetiming of specific events in content with timing of specific events in adistribution of content that is known to have little or no delay, orsending packets from the server with a timestamp and comparing thetimestamp with receipt data to determine an amount of delay. Thedetermination of delay is able to occur on the user device, the serveror a combination thereof. In some embodiments, a largest group/cohort ofusers is determined based on delay determinations, and only the largestgroup/cohort is permitted to play. For example, users who receive abroadcast/stream too quickly or two slowly are blocked fromparticipating in a competition or are permitted to participate in aseparate competition. Furthering the example, delays for samples/groupsof users are determined as described herein, and the samples/groups areclassified (e.g., under 1 second delay, 2-5 second delay, 6-10 seconddelay and 10+ second delay), and if the under 1 second delay group has1,000 users, the 2-5 second delay group has 1,000,000 users, the 6-10second delay group has 500,000 users and the 10+ second delay group has1,000 users, then the 2-5 second delay group has the most users and allof the other users are excluded or placed in one or more separategroups. In some embodiments, multiple groups are able to be combined(e.g., 2-5 second delay group and the 6-10 second delay group) to enablemore users to participate.

In some embodiments, instead of grouping users into cohorts/groups basedon their transmission/reception system (e.g., cable, DSL, satellite)and/or delivery method (e.g., broadcast, streaming), users are groupedbased on the determined delay. For example, User A receives a telecastwith approximately a 7 second delay, and User B streams the samecontent, which also has approximately a 7 second delay. Therefore, eventhough they receive the content in a different manner, since the delayis the same, they are able to be grouped in the same cohort.

In some embodiments, content (e.g., a television broadcast) is receivedat a server and the content is combined with game data (e.g., gameplaysuch as questions), and the combined server and game data are streamedto user devices. The combining of the content and the game data is ableto be performed in any manner such as receiving the content, andstreaming the content to user devices while also adding packets of gamedata to the stream. In some embodiments, the game data is added to thestream at appropriate times to ensure the game is synchronized with thecontent. For example, the server implements a synchronization featuresuch as using ACR to ensure the game data is synchronized with thecontent. In some embodiments, the synchronization of the content withthe game data is performed at the client device or another device usingan implementation as described herein such as ACR.

In some embodiments, streaming content (e.g., video of a sportscompetition) and a game of skill or chance are combined into a singlestream and are received by a single application for display on a singlescreen (e.g., mobile device) with lockout signals and other limitationsdescribed herein.

For example, a stream of a live or taped broadcast distributed from alive or streamed source (e.g., over the air, cable, broadcast,satellite, Over The Top (OTT)), is received (e.g., at a sever or at amobile device). Streaming content involves utilization of the Internetand/or any other network (e.g., cellular network). A game of skill orchance is produced, where the game is based on observation of thestream. The game of skill or chance is produced on the same or adifferent server than where the content is received. The produced gameis joined/merged with the streamed event/content, and any latencies areadjusted for so that the game data is synchronized with the streamedevent/content and transmitted to a web-connected client. The streamingcontent is displayed simultaneously with the game data utilizingsynchronized lockouts. The streaming content and game data are able tobe displayed in any manner such as game data overlaid on the streamingcontent or Picture-in-Picture, and in some embodiments, the game datadisappears when not utilized.

In another example, the content is viewed in any manner includingstreaming. A game is produced on the same server that provides thecontent or a separate server. The content and the game are combined andstreamed together.

In another example, a streamed content is intercepted and used toproduce a game of skill or chance based on the observation of thestreamed content. The streamed content and the game of skill or chanceare combined and sent to a client device via a cellular/web transmissionwith synchronization and lockout implementations. The streamed contentand the game of skill are played on a single device.

In some embodiments, determined delays are based on pre-measured (e.g.,measured before a game is implemented) or known propagation delays forcohorts in a similar state or metropolitan area with different methodsof signal delivery such as cable, satellite, broadcast, streaming or acombination thereof. For example, it is known that a cable companyimplements a 7 second delay (compared to live), and a satellite companyimplements a 10 second delay. In addition to pre-measured or knownpropagation delays, any other delays or combinations of delays are ableto be implemented. For example, a delay is pre-measured for a specificdelivery implementation, but then the delay is continuously measured toensure the delay remains as determined in the pre-measurement. Thetiming of lockouts and/or other effects are able to be implemented basedon any of the determinations of the delays. Any delay (e.g.,artificially imposed or based on technological issues) is able to bedetected/determined and compensated for by modifying gameplay such asaffecting when lockout signals are triggered/sent.

In some embodiments, latencies for each user or samples of users aredetermined and compared. For example, a server-side or client-sideapplication is able to determine specific points in a broadcast and whenthey are received. Furthering the example, the application determineswhen a pitch occurs in a baseball game broadcast by any of thesynchronization methods described herein such as ACR. Additionally,determination of live information is also performed (e.g., by a personattending a live event or receiving information from the live eventwithout any delay). The information determined is able to be compared,such as: live event first pitch occurs at Time 7:30:00 p, and for User Aat Time 7:30:05 p and for User Z at Time 7:30:30 p. The differencebetween User A (earliest content receipt) and User Z (slowest contentreceipt) is 25 seconds. Therefore, the game could send a lockout after35 seconds (compared to the live event) which would give User A 30seconds to respond and User Z 5 seconds to respond. Although there is adiscrepancy, this may be permissible. However, if the questions come inrapid succession (e.g., every 30 seconds for each pitch in a baseballgame), then User Z may not have any time to respond, so User Z isinformed of the issue and is not permitted to play. In some embodiments,to level the field where there is a discrepancy in receipt of content(but not to the point where a user has no time to respond), the questionmay not be sent or displayed until the slowest content receipt userreceives the specified content. For example, a live event first pitchoccurs at Time 7:30:00 p, but for User A the pitch occurs at Time7:30:05 p and for User Z at Time 7:30:10 p. To ensure the users have thesame amount of time to respond to a question, the question is displayedat 7:29:50 p and a lockout signal is sent to all of the users at Time7:30:00 p, or the question is displayed at 7:29:50 p for User A and thelockout signal is triggered/sent at 7:30:00 p for User A, but thequestion is displayed at 7:29:55 p for User A and the lockout signal istriggered/sent at 7:30:05 for User Z, so they are both locked out 5seconds before the actual pitch. Any combination of displaying thequestion and locking out users is possible. Additionally, although theexamples above specify User A and User Z, it is understood that User Aor User Z could be a group or sample of users with the samedelay/latency.

As described herein, delay/latency adjustment including sending lockoutsignals at appropriate times (e.g., to prevent a user from having anunfair advantage) for a corresponding game of skill or chance is able tobe implemented with any content distribution/reception (broadcast,cable, streaming, over the air, satellite) and is able to be implementedon the server, a client device or a combination thereof. The content andthe game are able to be received on the same device (e.g.,simultaneously receiving video content and game data) or differentdevices. In some embodiments, viewers are separated depending on contentreception (e.g., how the viewers receive event content) and separategames are played based on the separate groups. For example, agame/competition occurs only for users who receive a football game via atelevision broadcast, and a separate game/competition occurs only forusers who receive the football game via streaming.

In some embodiments, in addition to or instead of receiving videocontent (e.g., a television broadcast), a user device receivesstatistical information (e.g., live sports data feeds from a source suchas Stats.com). For example, the statistical information is received onthe user device which updates text and/or graphical information such asthe number of runs, hits, outs, strikes/balls, and so on for eachbaseball team. The user device receiving the statistical information isable to be the same device or a different device than the one forparticipating in the game of skill or chance.

In some implementations, the statistical information may be receivedbefore the video content (e.g., the statistical information is receivedat a user device within 1 second from when it actually occurs live, andthe video content is received at the user device in 7 seconds from whenit occurred live). In some embodiments, the difference in receipt timeis computed (similar to the calculation of other delays describedherein) to account for such a difference. For example, if the differencebetween video receipt and statistical information receipt is 6 seconds(7 seconds−1 second), then a system (e.g., server, other network device,user device or a combination thereof) is able to delay transmissionand/or display of the statistical information. For example, the gameserver receives the statistical information and then holds thestatistical information for 6 seconds before passing the statisticalinformation on to the user device so that the statistical informationand the video content arrive at the same time (or approximately the sametime). In another example, the user device receives the statisticalinformation in 1 second, but then the user device (e.g., the gameapplication) holds the statistical information and does not display thestatistical information until another 6 seconds have passed so that thevideo content and statistical information are displayed at the same time(or approximately the same time). In some embodiments, the statisticalinformation is delayed to be displayed before or after the videocontent. For example, in some implementations, the statisticalinformation is not updated and displayed until 2 seconds after the videocontent is displayed. In some embodiments, the delay amount of thestatistical information is static, and in some embodiments, the delayamount is dynamic. For example, a producer is able to adjust the delayamount based on analyzing the video propagation delays. The delay amountis able to be different depending on varying factors such as how thevideo content is received (e.g., cable, satellite, over the air) or thelocation of the user device (e.g., rural versus urban or State X versusState Y). Thus, the game server is able to distribute the statisticalinformation accordingly to each cohort or group of users. The amount ofdelay could be based on other factors as well. In some embodiments, theamount of delay is automatically detected and/or the statisticalinformation is synchronized with the video content. For example, usingany of the synchronization implementations described herein, such aswatermarking, footprints, and/or automatic content recognition, theserver and/or the user device synchronize the statistical informationwith the video content. For example, the server determines usingautomatic content recognition that a strike was just called with PlayerX batting, so the statistical information of a strike isupdated/displayed.

In some embodiments, a lockout signal is sent or triggered based on thereceipt of the statistical information. For example, when thestatistical information is received at a user device, a lockout signalis triggered. Furthering the example, the earliest receipt of thestatistical information triggers the lockout signal (e.g., a lockoutsignal is sent to all user devices and/or an application prevents aselection of a response after the lockout is triggered).

FIG. 10 illustrates a flowchart of a method of utilizing statisticalinformation with a game of skill or chance according to someembodiments. In the step 1000, statistical information is received. Thestatistical information is able to be received from any source such asstats.com. The statistical information is received at any device such asa server and/or user devices. In the step 1002, timing informationrelated to the statistical information is computed. Computing the timinginformation is able to include computing the time from when videocontent is received and when the statistical information is received atuser devices. Computing the timing information is able to includecomputing the time from when a live action occurs (e.g., a pitch calleda strike) to when the statistical information is received at the serveror the user devices (or specific user devices). For example, thestatistical information may be received at different user devices atdifferent times. In the step 1004, an action is taken based on thetiming information related to the statistical information. For example,transmission of the statistical information from the server to the userdevices is delayed (possibly different amounts of delay for differentdevices), or display of the statistical information on the user devicesis delayed. In another example, lockout signals are based on the timinginformation and/or when the statistical information is received at userdevices. In some embodiments, fewer or additional steps are implemented.In some embodiments, the order of the steps is modified.

To address the many problems facing massive real-time, distributedgaming as described herein, many companies have implemented varioustechnological solutions such as limiting the number of users permittedto play at a certain time or providing faster servers or othernetworking equipment. Time-sensitive distributed gaming faces additionalproblems such as ensuring players do not have any unfair competitiveadvantages such as providing answers/selections after a designated time.Others have addressed the timing problems by asking questions well inadvance, so that the users answer the questions or make their selectionswell before any advantageous information is revealed. By utilizingtime-sensitive lockouts as described herein, which lock out playersbased on some threshold (e.g., a time, a detected action, auser-triggered action), improper competitive advantages and cheating areavoided. Efficiently locating participants is another challenge ofdistributed gaming. As described herein, social networking is able to beutilized to efficiently find and invite participants to the distributedgame. By utilizing social networking, users with common interests areable to be invited which increases the likelihood of participation whichalso reduces the amount of network traffic as there will be fewer peoplewho are contacted who reject or disregard the invitation. A solution tothe problem of large amounts of network data involves utilizing multipleservers which are able to be positioned appropriately to serve usersbased on geographic proximity, as described herein. Another solution isto utilize distributed computing such as enabling the end user devicesto process results and scoring, as described herein. For distributedgaming based on received external content (e.g., a telecast) where usersmay receive the external content at slightly different times (e.g.,based on transmission delays due to technological issues such as timingdifferences of servers, switches, routers or distribution devices), away of equalizing the differences using technological solutions (e.g.,calculating a delay based on timestamps of when content is sent andreceived, or comparing receipt times of content for different devices)ensures the game is executed fairly and properly. Furthermore, a game inwhich a group of participants is at a complete disadvantage (e.g., theyreceive data 7 seconds later than everyone else) may lose a substantialnumber of participants, as no one wants to participate in an unfairgame. Therefore, implementations described herein of equalizing thereceipt of content in any manner such as by adding delays or providinglockouts at appropriate times based on transmission differences aretechnological solutions to technological problems.

The present invention has been described in terms of specificembodiments incorporating details to facilitate the understanding ofprinciples of construction and operation of the invention. Suchreference herein to specific embodiments and details thereof is notintended to limit the scope of the claims appended hereto. It will bereadily apparent to one skilled in the art that other variousmodifications may be made in the embodiment chosen for illustrationwithout departing from the spirit and scope of the invention as definedby the claims.

What is claimed is:
 1. A method programmed in a memory of a devicecomprising: a. determining a first delay amount for a transmission ofcontent for a first set of users; b. determining a second delay amountfor the transmission of the content for a second set of users; c.calculating a delta between the first delay amount and the second delayamount; and d. excluding the second set of users from a game of skill orchance when the delta between the first delay amount and the seconddelay amount is greater than a threshold.
 2. The method of claim 1wherein the first delay amount is a shortest delay amount, and thesecond delay amount is a longest delay amount.
 3. The method of claim 1wherein the transmission of content includes at least one of televisionbroadcast, via over the air, cable, satellite, or streaming.
 4. Themethod of claim 1 wherein the game of skill or chance is related to thecontent.
 5. The method of claim 1 wherein the game of skill or chance issynchronized with the content.
 6. The method of claim 1 wherein thedevice is an Internet-connected device.
 7. The method of claim 1 whereinthe device comprises a mobile device.
 8. The method of claim 1 whereinthe device comprises a server.
 9. The method of claim 1 wherein the gameof skill or chance and the content are displayed on the device.
 10. Themethod of claim 1 wherein the content and the game of skill or chanceare synchronized using watermarking or fingerprinting.
 11. The method ofclaim 1 wherein determining the first delay amount and determining thesecond delay amount comprise comparing times of receipt of the contentat user devices.
 12. The method of claim 1 further comprisingsubstantially equalizing presentation of the game of skill or chancewith the content for users with different amounts of delay.
 13. Themethod of claim 12 wherein substantially equalizing includes equalizingreceipt of lock out events relative to the content triggering a lockout.
 14. A device comprising: a. a memory for storing an application,the application configured for: i. determining a first delay amount fora transmission of content for a first set of users; ii. determining asecond delay amount for the transmission of the content for a second setof users; iii. calculating a delta between the first delay amount andthe second delay amount; and iv. excluding the second set of users froma game of skill or chance when the delta between the first delay amountand the second delay amount is greater than a threshold; and b. aprocessor coupled to the memory, the processor configured for processingthe application.
 15. The device of claim 14 wherein the first delayamount is a shortest delay amount, and the second delay amount is alongest delay amount.
 16. The device of claim 14 wherein thetransmission of content includes at least one of television broadcast,via over the air, cable, satellite, or streaming.
 17. The device ofclaim 14 wherein the game of skill or chance is related to the content.18. The device of claim 14 wherein the game of skill or chance issynchronized with the content.
 19. The method of claim 14 wherein thedevice is an Internet-connected device.
 20. The device of claim 14wherein the device comprises a mobile device.
 21. The device of claim 14wherein the device comprises a server.
 22. The device of claim 14wherein the game of skill or chance and the content are displayed on thedevice.
 23. The device of claim 14 wherein the content and the game ofskill or chance are synchronized using watermarking or fingerprinting.24. The device of claim 14 wherein determining the first delay amountand determining the second delay amount comprise comparing times ofreceipt of the content at user devices.
 25. The device of claim 14further comprising substantially equalizing presentation of the game ofskill or chance with the content for users with different amounts ofdelay.
 26. The device of claim 25 wherein substantially equalizingincludes equalizing receipt of lock out events relative to the contenttriggering a lock out.
 27. A server device comprising: a. a memory forstoring an application, the application configured for: i. comparing adelay amount in transmission of content for a set of devices with adelay threshold; ii. excluding the set of devices from a game of skillor chance when the delay amount is greater than the delay threshold; andb. a processor coupled to the memory, the processor configured forprocessing the application.
 28. The device of claim 27 wherein thetransmission of content includes at least one of television broadcast,via over the air, cable, satellite, or streaming.
 29. The device ofclaim 27 wherein the game of skill or chance is related to the content.30. The device of claim 27 wherein the game of skill or chance issynchronized with the content.
 31. The device of claim 27 wherein thecontent and the game of skill or chance are synchronized usingwatermarking or fingerprinting.